Don’t lie about your injuries Insurance adjusters are savvy investigators. He or she can, and will, find every claim and every medical record in your name. They will use Google and your social media accounts to spy on you. They will hire private investigators. If you are caught in a lie the consequences can kill your claim or lawsuit. Many insurance companies have provisions in their policies that will void claims for providing false information. If your case goes to court, you will lose favor with the jury if it is shown you attempted to mislead.
It can be tempting to lie when confronted with seemingly contradictory information. But the truth is, recovery is a process. Some days will be better than others or perhaps you took more pain medication on a certain day. It is always better to provide a reasonable explanation when confronted than to deny and appear to be untrustworthy.Don’t skip medical care Keep all doctor appointments and follow through with all treatment advice. Keep a journal of appointments and therapies. If you are not well enough and must skip, reschedule as soon as possible. Failure to diligently receive recommended care will compromise your case by giving opportunity for an adjuster to allege your injuries are not as sever as you claim them to be. He or she may also be able to assign to you some fault for not mitigating (to make less severe) your injuries as much as you could.
Don’t submit to an independent medical exam without consulting an attorney Don’t assume an “independent” medical exam is just that. Insurance companies will seek a second medical opinion by sending you to a physician of their choice. They may attempt to use this second opinion to challenge your medical records so they can lower or deny your claim. In some cases, you are obliged to submit yourself to this exam and in some cases you are not. This question will be answered by policy terms and state laws. To protect you, it is best to consult an attorney before submitting to an “independent” medical review.
Don’t sign away your rights Be aware that there are less than honorable tactics that can be used to deceive you into forfeiting all your legal rights to benefits and compensation. Error on the side of caution and do not sign any checks, releases, waivers, or settlement offers without first consulting an attorney.
Don’t make mistakes on forms Make sure all information you put on no-fault forms, insurance forms, disability forms, etc. are accurate. Assume all insurance adjusters, including yours, will go over your forms with a fine-tooth comb looking for mistakes they can use to lower or deny your claim. Even innocent mistakes can be labeled as “fraud” by the insurance company, so be sure to check and double-check all forms.
Don’t be careless on social media Adjusters will look for posts, pictures, and videos for any evidence that your injuries were pre-existing, don’t exist, or aren’t as limiting as you claim. Think and think again when using social media. To be as safe as possible, consider staying off social media altogether until after your claim in settled.
Don’t fail to consult a qualified attorney The biggest mistake one can make is not consulting an attorney with experience in handling personal injury claims. Adjusters do not work for you they work for the insurance company. They have knowledge, experience, and skills and their job is to settle claims for the lowest amount possible. To be fully successful in your claim will require a trustworthy advocate. The attorneys at Titus Law are capable, persistent, and understand applicable laws. Most importantly, they know what tactics insurance companies will try to “cheat” you out of your full compensation. They will be the trustworthy advocate you need to be successful in your claim.
Rob Titus is a relentless Kansas lawyer with over a decade of experience in personal injury claim litigation. Rob Titus writes with a clear and informative style, aiming to make sure that no one is left injured without the tools to claim full and fair compensation and so that every Kansas resident can become aware of their rights after an accident.
Connect with the Titus Law Firm to ahead of changes in Kansas personal injury law so that, should even misfortune strike, you know what to do and who to call when going up against reluctant insurance companies.
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